Divorce
Attorney
Palmdale Divorce Attorney
Supporting Families in Los Angeles County
Divorce, legally termed "dissolution of marriage," is the formal process of ending a marriage in California. The state follows a "no-fault" system, meaning that neither spouse needs to prove wrongdoing to initiate a divorce.
When initiating a divorce, one spouse files a petition with the court. This process can lead to several critical decisions regarding child custody, division of property, and spousal support. Having a skilled Palmdale divorce attorney can help clarify these issues and advocate for your best interests.
Contact a Palmdale divorce lawyer today for a free legal consultation. Call us now at (661) 368-1181 or reach out online to discuss your family law needs and get the support you deserve.
Grounds for Filing Divorce in California
California is a no-fault-divorce state. As a result, you do not need to have a reason to file for divorce. You must, however, have grounds in order to file. You can file on the grounds of incurable insanity or irreconcilable differences.
Types of Divorce in California
In California, there are several types of divorce proceedings, each suited to different situations. Here are the main types:
- Uncontested Divorce: This occurs when both spouses agree on all major issues, including property division, child custody, and support. It’s typically a faster and less expensive process since it requires minimal court intervention.
- Contested Divorce: In a contested divorce, the spouses cannot agree on one or more key issues. This often leads to a longer and more complex legal process, potentially culminating in a court trial where a judge makes the final decisions.
Whether your divorce is contested or uncontested, we can help you!
Our knowledgeable divorce attorney in Palmdale from Law Offices of John C. Bigler can provide the guidance you need to navigate this challenging process. Contact us.
Key Considerations in Divorce
Several critical factors can significantly influence the outcome of a divorce. It’s essential to address these early in the process:
Child Custody
Child custody is often the most contentious issue in a divorce. California courts prioritize the best interests of the child, considering factors such as the child's age, health, and emotional ties with each parent.
Understanding the types of custody—legal (decision-making authority) and physical (where the child lives)—is vital. Our skilled Palmdale divorce lawyer can guide parents through this sensitive process, ensuring that their rights and their children's needs are prioritized.
Child Support
Child support is typically calculated based on both parents’ incomes and the time each parent spends with the child. We can help determine the appropriate amount and navigate any potential disputes over support payments.
Division of Property
For property division, California is a community property state, meaning that assets and debts acquired during the marriage are generally considered joint property and are divided equally upon divorce.
However, distinguishing between community and separate property can be complex. Factors such as gifts, inheritances, and pre-marital assets can affect how property is divided.
Spousal Support
Spousal support, or alimony, may be awarded to one spouse to help them maintain a similar standard of living post-divorce. The court considers several factors when determining support, including the length of the marriage, each spouse's financial status, and the recipient's ability to become self-sufficient.
A divorce attorney in Palmdale can provide invaluable insights into what to expect regarding these family law matters.
The Divorce Process in California
The divorce process involves several stages, each of which requires careful attention to detail and a solid understanding of California family law. Key stages include:
- Filing the Petition: The process begins when one spouse files a petition for divorce. This document outlines the reasons for the divorce and the desired outcomes regarding children, property, and support.
- Serving the Papers: The petition must be served to the other spouse, who then has 30 days to respond.
- Response and Negotiation: The responding spouse can agree, contest, or propose counterclaims. Negotiations may begin at this stage, particularly concerning child custody, visitation, and support.
- Discovery: Both parties gather financial information, including income, expenses, and assets. This phase can be complex, especially in cases involving significant assets or debts.
- Settlement or Trial: Many divorces settle before going to trial. If both parties can reach an agreement, the terms are submitted to the court for approval. If an agreement cannot be reached, the case may go to trial, where a judge will make final decisions.
- Final Judgment: Once all issues are resolved, a final judgment is issued, formally ending the marriage. This document will outline custody arrangements, property division, and any spousal support obligations.
How Our Los Angeles County Divorce Attorney Can Help You
With more than two decades of experience, we are confident in our ability to help you through your case. Attorney Bigler has handled thousands of divorce cases, including contested hearings and trials.
Our Palmdale divorce lawyer also remains up to date on all of the changes in legislation related to family law in California.
Contact us online or call at (661) 368-1181 today for guidance through your divorce case.
Mr. Bigler, as well as his staff, have my best interests at heart.
- A. Sansfield
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What if I was married in another state but I want to file for divorce in California?
If you and your spouse were married in another state, you can file for divorce in California. The only requirement is that either you or your spouse must have lived in the state for six months and in ...
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Who can receive visitation rights?
Visitation is ordered when it is the best interest of the child in California. Supervised visitation is imposed when one parent is abusive or neglectful to the children. Visitation can often be ...
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Who can receive spousal support?
Spousal support, formerly known as alimony, is a set amount of money that is paid by one spouse to another in the case of divorce or a legal separation. Whether you are the husband or the wife, you ...
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What is a first right of refusal?
A first right of refusal in a family law context is the opportunity to care for your children when your ex is unavailable to care for them. Family code section 3040(a)(1) sets out the 'priorities' ...
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